This case having been submitted under rule 21, at the April, 1904, term, and appellant having filed neither abstract nor brief, the appeal is presumed to have been abandoned. State v. Allison, 21 S. D. — 108 N. W. 556; Murphy v. Mining Co., 20 S. D. 618, 108 N. W. 15, and .the judgment of the circuit court is affirmed.